11-O-73ORDINANCESponsored byTHE HONORABLE TONI PRECKWINKLE, PRESIDENT AND JESUS G.GARCIA, JOHN A. FRITCHEY, BRIDGET GAINER, JOAN PATRICIAMURPHY, EDWIN REYES, DEBORAH SIMS, ROBERT B. STEELE, LARRYSUFFREDIN AND JEFFREY R. TOBOLSKI COUNTY COMMISSIONERSPOLICY FOR RESPONDING TO ICE DETAINERSNOW, THEREFORE, BE IT ORDAINED
, by the Cook County Board of Commissioners, that Chapter 46 Law Enforcement, Section 46-37 of the Cook CountyCode is hereby enacted as follows:
Sec. 46-37. Policy for responding to ICE detainers.
(a) The Sheriff of Cook County shall decline ICE detainer requests unlessthere is a written agreement with the federal government by which all costs incurred byCook County in complying with the ICE detainer shall be reimbursed.(b) Unless ICE agents have a criminal warrant, or County officials have alegitimate law enforcement purpose that is not related to the enforcement of immigrationlaws, ICE agents shall not be given access to individuals or allowed to use Countyfacilities for investigative interviews or other purposes, and County personnel shall notexpend their time responding to ICE inquiries or communicating with ICE regardingindividuals’ incarceration status or release dates while on duty.(c) There being no legal authority upon which the federal government maycompel an expenditure of County resources to comply with an ICE detainer issued pursuant to 8 USC § 1226 or 8 USC § 1357(d), there shall be no expenditure of anyCounty resources or effort by on-duty County personnel for this purpose, except asexpressly provided within this Ordinance.(d) Any person who alleges a violation of this Ordinance may file a writtencomplaint for investigation with the Cook County Sheriff’s Office of ProfessionalReview.
This Ordinance shall be in effect immediately upon adoption.
Approved and adopted this 7th day of September 2011.TONI PRECKWINKLE, PresidentCook County Board of Commissioners